[ale] OT: Is this for real? Fwd: Notice of Claim of Copyright Infringement.

[Katherine Villyard]

On Thu, Jun 7, 2012 at 1:58 PM, Michael H. Warfield <mhw at wittsend.com> wrote:

> Actually, there's been mixed rulings on that, mostly on the side that
> you are not.  At least one US judge recently handed the plaintiffs their
> heads telling them that an IP address is not a unique identifier and
> could not be associated with a particular defendant.  Europe has gone
> both ways in saying IP addresses were protectable personal information
> and subject to their privacy shields AND upholding that individuals
> could not be culpable based solely up IP address identification but
> there are plenty of counter examples in courts all around the world.
>
> However, it all can get really REALLY ugly if it gets that far.  There
> have been successful instances of that defense strategy in criminal
> cases (kiddie porn) and there have been distinct failures.  The real
> issue there, however, is the fact that you have to defend yourself and
> ELOs know the defense and are generally prepared for the defense.

Yeah.  Y'all do whatever you want, but I for one do not want to hire a
lawyer to offer up the defense that I intentionally didn't secure my
wireless.  That strikes me as something that might work, or might just
make them angry.

Katherine

"Sometimes you wake up. Sometimes the fall kills you. And sometimes,
when you fall, you fly."
-- Neil Gaiman